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19 U.S.C. § 4315 — Consultations with respect to mutual rec-

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4315 — Consultations with respect to mutual rec-

Page 1096 TITLE 19—CUSTOMS DUTIES § 4315 1 See References in Text note below. (Pub. L. 114–125, title I, § 105, Feb. 24, 2016, 130 Stat. 132.) § 4315. Consultations with respect to mutual rec- ognition arrangements (a) Consultations The Secretary of Homeland Security, with re- spect to any proposed mutual recognition ar- rangement or similar agreement between the United States and a foreign government pro- viding for mutual recognition of supply chain security programs and customs revenue func- tions, shall consult with the appropriate con- gressional committees— (1) not later than 30 days before initiating negotiations to enter into any such arrange- ment or similar agreement; and (2) not later than 30 days before entering into any such arrangement or similar agree- ment. (b) Negotiating objective It shall be a negotiating objective of the United States in any negotiation for a mutual recognition arrangement or similar agreement with a foreign country on partnership programs, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), to seek to ensure the compatibility of the partnership pro- grams of that country with the partnership pro- grams of U.S. Customs and Border Protection to enhance security, trade facilitation, and trade enforcement. (Pub. L. 114–125, title I, § 108, Feb. 24, 2016, 130 Stat. 135.) Editorial Notes REFERENCES IN TEXT The Security and Accountability for Every Port Act of 2006, referred to in subsec. (b), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified gen- erally to part B (§ 961 et seq.) of subchapter II of ch

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Page 1096 TITLE 19—CUSTOMS DUTIES § 4315 1 See References in Text note below. (Pub. L. 114–125, title I, § 105, Feb. 24, 2016, 130 Stat. 132.) § 4315. Consultations with respect to mutual rec- ognition arrangements (a) Consultations The Secretary of Homeland Security, with re- spect to any proposed mutual recognition ar- rangement or similar agreement between the United States and a foreign government pro- viding for mutual recognition of supply chain security programs and customs revenue func- tions, shall consult with the appropriate con- gressional committees— (1) not later than 30 days before initiating negotiations to enter into any such arrange- ment or similar agreement; and (2) not later than 30 days before entering into any such arrangement or similar agree- ment. (b) Negotiating objective It shall be a negotiating objective of the United States in any negotiation for a mutual recognition arrangement or similar agreement with a foreign country on partnership programs, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), to seek to ensure the compatibility of the partnership pro- grams of that country with the partnership pro- grams of U.S. Customs and Border Protection to enhance security, trade facilitation, and trade enforcement. (Pub. L. 114–125, title I, § 108, Feb. 24, 2016, 130 Stat. 135.) Editorial Notes REFERENCES IN TEXT The Security and Accountability for Every Port Act of 2006, referred to in subsec. (b), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified gen- erally to part B (§ 961 et seq.) of subchapter II of chap- ter 3 of Title 6, Domestic Security. For complete classi- fication of this Act to the Code, see Short Title note set out under section 901 of Title 6 and Tables. § 4316. Commercial Customs Operations Advisory Committee (a) Establishment Not later than the date that is 60 days after February 24, 2016, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly establish a Commercial Customs Oper- ations Advisory Committee (in this section re- ferred to as the ‘‘Advisory Committee’’). (b) Membership (1) In general The Advisory Committee shall be comprised of— (A) 20 individuals appointed under para- graph (2); (B) the Assistant Secretary for Tax Policy of the Department of the Treasury and the Commissioner, who shall jointly co-chair meetings of the Advisory Committee; and (C) the Assistant Secretary for Policy and the Director of U.S. Immigration and Cus- toms Enforcement, who shall serve as dep- uty co-chairs of meetings of the Advisory Committee. (2) Appointment (A) In general The Secretary of the Treasury and the Secretary of Homeland Security shall joint- ly appoint 20 individuals from the private sector to the Advisory Committee. (B) Requirements In making appointments under subpara- graph (A), the Secretary of the Treasury and the Secretary of Homeland Security shall appoint members— (i) to ensure that the membership of the Advisory Committee is representative of the individuals and firms affected by the commercial operations of U.S. Customs and Border Protection; and (ii) without regard to political affili- ation. (C) Terms Each individual appointed to the Advisory Committee under this paragraph shall be ap- pointed for a term of not more than 3 years, and may be reappointed to subsequent terms, but may not serve more than 2 terms sequentially. (3) Transfer of membership The Secretary of the Treasury and the Sec- retary of Homeland Security may transfer members serving on the Advisory Committee on Commercial Operations of the United States Customs Service established under sec- tion 9503(c) of the Omnibus Budget Reconcili- ation Act of 1987 (19 U.S.C. 2071 note) 1 on the day before February 24, 2016, to the Advisory Committee established under subsection (a). (c) Duties The Advisory Committee established under subsection (a) shall— (1) advise the Secretary of the Treasury and the Secretary of Homeland Security on all matters involving the commercial operations of U.S. Customs and Border Protection, in- cluding advising with respect to significant changes that are proposed with respect to reg- ulations, policies, or practices of U.S. Customs and Border Protection; (2) provide recommendations to the Sec- retary of the Treasury and the Secretary of Homeland Security on improvements to the commercial operations of U.S. Customs and Border Protection; (3) collaborate in developing the agenda for Advisory Committee meetings; and (4) perform such other functions relating to the commercial operations of U.S. Customs and Border Protection as prescribed by law or as the Secretary of the Treasury and the Sec- retary of Homeland Security jointly direct. (d) Meetings Notwithstanding section 1009(f) of title 5, the Advisory Committee shall meet at the call of

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2071 — Establishment of Service; Commissioner; appointment

There shall be in the Department of the Treasury a service to be known as the United States Customs Service, and a Commissioner of Customs.11 See Change of Name note below. The Commissioner of Customs,1 who shall be appointed by the President by and with the advice and consent of the Senate, shall— (1) be at the head of the United States Customs Service; (2) carry out the duties and powers prescribed by the Secretary of the Treasury; and (3) report to the Secretary of the Treasury through such other officials as may be designated by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2071 — Establishment of Service; Commissioner;

Page 458 TITLE 19—CUSTOMS DUTIES § 2071 1 See Change of Name note below. Sec. 2081. Undercover investigative operations of Cus- toms Service. 2082. Customs Service administration. 2083. Annual national trade and customs law viola- tion estimates and enforcement strategy. 2084. Office of Trade. § 2071. Establishment of Service; Commissioner; appointment There shall be in the Department of the Treas- ury a service to be known as the United States Customs Service, and a Commissioner of Cus- toms.1 The Commissioner of Customs,1 who shall be appointed by the President by and with the advice and consent of the Senate, shall— (1) be at the head of the United States Cus- toms Service; (2) carry out the duties and powers pre- scribed by the Secretary of the Treasury; and (3) report to the Secretary of the Treasury through such other officials as may be des- ignated by the Secretary. (Mar. 3, 1927, ch. 348, § 1, 44 Stat. 1381; May 27, 1930, ch. 342, § 8, 46 Stat. 430; Ex. Ord. No. 6639, § 1a, Mar. 10, 1934; Pub. L. 101–207, § 3(b)(1), Dec. 7, 1989, 103 Stat. 1833; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Editorial Notes CODIFICATION Provisions that fixed the compensation of the Com- missioner have been omitted as the position is under the Executive Schedule, see section 5316 of Title 5, Gov- ernment Organization and Employees. Provisions that authorized appointment of the Com- missioner ‘‘without regard to the civil service laws’’ were omitted as the appointment is subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order No. 8743, Apr. 23, 1941, issued by the President pursuant to the act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4315 — Joint strategic plan

**(a) In general** Not later than one year after February 24, 2016, and every 2 years thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly develop and submit to the appropriate congressional committees a joint strategic plan. **(b) Contents** The joint strategic plan required under this section shall be comprised of a comprehensive multiyear plan for trade enforcement and trade facilitation, and shall include— (1) a summary of actions taken during the 2-year period preceding the submission of the plan to improve trade enforcement and trade facilitation, including a description and analysis of specific performance measures to evaluate the progress of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement in meeting each such responsibility; (2) a statement of objectives and plans for further improving trade enforcement and trade facilitation; (3) a specific identification of the priority trade issues described in [section 4322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim) that can be addressed in order to enhance trade enforcement and trade facilitation, and a description of strategies and plans for addressing each such issue, including— (A) a description of the targeting methodologies used for enforcement activities with respect to each such issue; (B) recommendations for improving such enforcement activities; and (C) a description of the implementation of previous recommendations for improving such enforcement activities; (4) a description of efforts made to improve consultation and coordination among and within Federal agencies, and in particular between U.S. Customs and Border Protection and U.S. Immigration

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 961 — Container Security Initiative

**(a) Establishment** The Secretary, acting through the Commissioner, shall establish and implement a program (referred to in this section as the “Container Security Initiative” or “CSI”) to identify and examine or search maritime containers that pose a security risk before loading such containers in a foreign port for shipment to the United States, either directly or through a foreign port. **(b) Assessment** The Secretary, acting through the Commissioner, may designate foreign seaports to participate in the Container Security Initiative after the Secretary has assessed the costs, benefits, and other factors associated with such designation, including— (1) the level of risk for the potential compromise of containers by terrorists, or other threats as determined by the Secretary; (2) the volume of cargo being imported to the United States directly from, or being transshipped through, the foreign seaport; (3) the results of the Coast Guard assessments conducted pursuant to [section 70108 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70108&num=0&edition=prelim); (4) the commitment of the government of the country in which the foreign seaport is located to cooperating with the Department in sharing critical data and risk management information and to maintain programs to ensure employee integrity; and (5) the potential for validation of security practices at the foreign seaport by the Department. **(c) Notification** The Secretary shall notify the appropriate congressional committees of the designation of a foreign port under the Container Security Initiative or the revocation of such a designation before notifying the public of such designation or revocation. **(d) Negotiations** The Secretary, in cooperation with the Sec

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 961 — Establishment

Page 429 TITLE 6—DOMESTIC SECURITY § 961 (2) $146,000,000 for fiscal year 2009; and (3) $153,300,000 for fiscal year 2010. (Pub. L. 109–347, title II, § 205, Oct. 13, 2006, 120 Stat. 1906; Pub. L. 115–254, div. J, § 1812, Oct. 5, 2018, 132 Stat. 3539.) Editorial Notes AMENDMENTS 2018—Subsec. (l). Pub. L. 115–254 struck out par. (1) designation and heading, substituted ‘‘Not later than 270 days after October 5, 2018,’’ for ‘‘Not later than Sep- tember 30, 2007,’’ in introductory provisions, redesig- nated subpars. (A) to (H) of former par. (1) as pars. (1) to (8), respectively, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘Not later than September 30, 2010, the Secretary, act- ing through the Commissioner, shall, in consultation with other appropriate government officials and the Commercial Operations Advisory Committee, submit an updated report to the appropriate congressional committees on the effectiveness of, and the need for any improvements to, the Container Security Initia- tive. The updated report shall address each of the ele- ments required to be included in the report provided for under paragraph (1).’’ Statutory Notes and Related Subsidiaries INTERNATIONAL PORT AND FACILITY INSPECTION COORDINATION Pub. L. 111–281, title VIII, § 825, Oct. 15, 2010, 124 Stat. 3004, as amended by Pub. L. 114–120, title III, § 320, Feb. 8, 2016, 130 Stat. 66, provided that: ‘‘(a) COORDINATION.—The Secretary of Homeland Se- curity shall, to the extent practicable, conduct the as- sessments required by the following provisions of law concurrently, or develop a process by which the assess- ments are coordinated between the Coast Guard and Customs and Border Protection: ‘‘(1) Section 205 of the SAFE Port Act (6 U.S.C

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